Tarak Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65656 of 2019 Arising Out of PS. Case No.-471 Year-2019 Thana- SONEPUR District- Saran ====================================================== TARAK NATH SINGH Son of Late Prabhakar Prasad Singh Resident of Village-Gangajal, P.S.-Sonepur, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashwani Kumar Singh Son of Late Hari Dayal Singh Resident of NH 98, near Ashwani Public School, Phulwarisharif, Patna, the Managing Director of Ashwani Enterprises Pvt. Ltd.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code.

The petitioner is said to have executed a registered sale deed in favour of the informant and when the informant applied for mutation, he came to know that the real owners of the land are other persons whose names Jamabandi stands. Thus, the petitioner has cheated the informant and grabbed

Patna High Court CR. MISC. No.65656 of 2019(5) dt.13-02-2023 2/3 Rs.8,65,000/-.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is not interested in keeping the land with him and he is ready to return the aforesaid amount of Rs.8,65,000/-. As a matter of fact, the dispute is purely civil in nature and for this the criminal case has been lodged. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State assisted by learned counsel for the opposite party no.2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case as well as the fact that the dispute is purely civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection

Patna High Court CR. MISC. No.65656 of 2019(5) dt.13-02-2023 3/3 with Sonepur P.S. Case No. 471 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T